Borough of North Braddock v. Central District & Printing Telegraph Co.
Superior Court of Pennsylvania
Appeal, No. 33, April T., 1899, by defendant, frord judgment of C. P. No. 2, Allegheny Co., July T., 1898, No. Í62, for plaintiff for want of a sufficient ¿affidavit of defense. Opinion by W. W. Porter, J. Rule for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 33, April T., 1899, by defendant, frord judgment of C. P. No. 2, Allegheny Co., July T., 1898, No. Í62, for plaintiff for want of a sufficient ¿affidavit of defense. Opinion by W. W. Porter, J. Rule for judgment for want of a sufficient affidavit of defense. Before Frazer, J. It appears from the record that this was an action brought by plaintiff, a municipal corporation, to collect from the defendant company a license fee of $1.00 per pole for each pole erected in the streets of the plaintiff borough by the defendant company, and $2.50 per mile for the wire strung thereon, the…
1Opinion of the Court
Opinion by
William W. Porter, J.,
“ Boroughs have equal power with cities to impose a license tax for the poles of an electric light company erected in the borough streets: ” Ridley Park v. Light and Power Co., 9 Pa. Superior Ct. 615. The determination of the reasonableness of the amount of the license fee to be charged lies in the discretion of the borough authorities in the first instance. It is not for the courts to determine whether a license fee is reasonable, but whether it is so unreasonable as to demonstrate an abuse of discretion on the part of the authorities fixing the fee: Allentown…
2Cases cited6 opinions
- City of Allentown v. Western Union Telegraph Co.Supreme Court of Pennsylvania · 1892
- Borough of Ridley Park v. Citizen's Electric Light & Power Co.Superior Court of Pennsylvania · 1899
- Chester City v. Western Union Telegraph Co.Supreme Court of Pennsylvania · 1893
- City of Chester v. Phila., Reading & Pottsville Telegraph Co.Supreme Court of Pennsylvania · 1892
- Philadelphia v. American Union Telegraph Co.Supreme Court of Pennsylvania · 1895
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3Cited by3 opinions
- New Hope Borough v. Western Union Telegraph Co.Superior Court of Pennsylvania · 1901
- Taylor Borough v. Postal Telegraph & Cable Co.Superior Court of Pennsylvania · 1901
- Mann's Choice Borough v. Western Union Telegraph Co.Superior Court of Pennsylvania · 1902